Reverse Discrimination

Enter the case of Ames v. OH Dept. of Youth Services, where Marlean Ames claims she was discriminated in her job because of her sexual orientation. What makes this case unique is Ms. Ames is heterosexual, and the Sixth Circuit claimed that meant she had a higher burden of proof than a homosexual.

As those words on the facade of the Supreme Court state, equal justice under the law. Is that too much to ask? Is it too much to be judged on the merits of the case rather than the color of someone’s skin or their sexual preferences?

I know it’s an attorney's job to represent his client to the best of his abilities, which makes me wonder how someone like T. Elliot Gaiser could argue such a case. How can you claim “we all agree that everyone should be treated equally,” yet oppose a decision to treat all people equally? If, as Mr. Gaiser claimed in court, Ms. Ames did not present a prima facia case, a claim flatly denied by the Sixth Circuit Court of Appeals, then let her have her day in court and show she is wrong.

Personally, I don’t know how someone could look at the facts of the case and not see the strong possibility, even the prima facia case, of discrimination!

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